The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-12-03
Many Serious Transportation Evils Have Been
Remedied. but the Purposes of the Law
Have Not Been F ully Accomplished.
Both Sides Studying Rules and Prece-
dents as to Contests in the Senate.
The President Will Leave Tariff for Secretary
Fairchild, but Will Discuss Pretty Much
Everything Else in His Message.
WORK OF THE RAILWAY LAW.

| M.
It Has Generally Been Satisfactory. but Some
Desirable Thinga Remain Undons.
| WAsHINGToN. Dec 2.-The first annual report
Of the Interstate commerce Commission has
been laid before the Secretary of the Interior
1t Is . printed document, exclusive Of tabular
appendices. which are not yet ready Of forty
| three pages, and bears the signatures of all the
| commissioners. After dwelling briefly upon the
| magnitude OK the interest which the act under
| takes TO regulate. the commission devofes
| q dozen pages to an historic sketch of
| the country's transportation facilities, from
| the pack-horse and canoe of the early days
| TO the mammoth institutions Of the present
| tracing back to their origin all those grievances
| and abuses which finally led to the passage OF
the interstate act Under the heading. The
Carriers Subject to Its THE actsl Jurisdiction >
the commission says that some of the railroad
| practices which the act undertakes TO bring to
! an end have been common among carriers by
water also. and, ii wrong in themselves, might
| justly be forbidden in their as we'll 1t
| does not. however intend to intimate an opinion
| that these things are common. The commission
is of the opinion that the express business done
by the railroad companies themselves il within
the act. Whether the express companies which
are independent of the railroads are within the
contemplation of the act is more doubtful.
In regard to the sleeping-car companies live
stock-car companies and oil companies which
transport in tank cars, the commission say they
are as much subject to the temptation to dis
criminate as the railroads are. and the fact Is
laid before Congress for such action as is may
choose to take in the premises The long.and-
short-haul clause is exhaustvely discussed, to-
gether with the reasons of the commission for
rf1y limo fhop cia in
sections, and they say. in part: Tho considera-
tions which were influential in determining
when these temporary orders should be granted
were not more the relief of the carriers from
danger of loss than the prevention of threatened
disturbance of business interests il certain To-
calires which, by its reflex action. seemed liabis
to embarrass seriously the entire country"
Its final conclusion, announced in the Lou
isviile & Nashville case, and the general accept
ance that it met with, are recited. and the re-
port adds THE commission takes pleasurs
now in being able TO report that in large sec
tions of the country obedience to the general
rule of the fourth section is without important
exception"
Reviewing railway operations during the
period which has elapsed since the act took
effect the commission feels warranted in say
ing that while less has been done in the direction
of bringing the freight tariffs into conformity
with the general rule prescribed by the fourth
section tbau some persons, perhaps, expected,
there has, nevertheless. been gratifying ad-
IN that direction, and there is every reason
to believe that this will continue.
The commission. after quoting that part Of the
twelfth section. which empowers it to Enquire
into the business of all common-carriers." says:
This is a very important provision, and the
commission will no doubt have frequent coca
sion to take action under it It will not hesitate
to do so in any case in which mischief of pub
lie importance is thought to exist and which 10
not likely to be brought to its attention COM
prosecutor There
to believe, however, that of the
most serious evils which were notorious in the
railway service before the passage OF the act,
and were in the legislative mind for its
enactment. have now almost ceased to sxist
One of these was the giving of special and secret
rebates. Complaints of unjust discrimination
and the giving of undue and unreasonable pref
erences By open rates are still frequent. and it
is not TO be denied that IN the existing tariffs
there are many rates which, as compared with
others made by the same carriers, seem to be
unfair and oppressive But even regards this
species of injustice the good effects of the law
are manifest"
Being now compelled to justify thsir rates
when ca led on. the commission finds, makes
managers more cautious about doing justice. On
the subjects of complaints the report says. IN a
majority of cases, "either the com p1ainant has
been found to be mistaken in his facts or
if wropged, it has been through the carelessuess
mistake of an agent which the carrier readi-
~ corrected or if the facts presented case OF
differe nee of opinion, the parties when brought
into communication, succeeded in finding some
basis for settlement without further interven-
ton. This method of disposing Of complaints is
believed by the commission to be more useful
than any other, because its tendency is towards
the establishments of desirable relations between
the carriers and those who must be their Gus
toners.
The report comments at some length on the
plan adopted by the commission of having the
hearings before it striped OF all unnecessary
formality that plain mon could be speedily
heard without the aid OF lawyers. The commits
sion urges the desirability of uniform freight
classification throughout the country, but doubts
49, 10 IN fha nat hU 0-alo
while without it there is gradual approach to
uniformity, effected by the railroads themselves.
ANY com mission appointed by ths government
to make a uniform freight classification would
have to go at it much in the same way. The
commission says:
..The pooling of freights and of railroad earn
ines, so far as the commission has knowledge or
information on the subject, came to an end when
the act took effect But as pooling was only one
of several purposes had in view in forming rail-
road associations. the leading associations have
not been dissolved. but have been continued in
existence for other objects. Among these
objects are the making OF regulations for
interrupted and harmonious railroad comnunica-
ton and exchange of traffic within the
territory embraced by their workings. Soms
regulations in addition 30 those made by the
law almost, if not altogether, indispensable.
Thus while the seventh section OF the act for
bids the carriers preventing shipment from bs-
ing continuous by the device of changing time
schedules, carriage in different cars. II has
not undertaken provide for the making of
such time schedules as would facilitate the con-
,inuous shipment, or TO prescribe rules for the
loading and movement OF cars for that pur-
pose
In it's chapter upon Reasonable Charges" the
commission says: t'Of the duties devolved upon
the commission by the act to regulate commerce,
none is more perplexing aud difficult than thai
of passing upon complaints made of rates as be-
ing unreasonable. The question Of the reason
abepess Of rates involves so many considera.
tions. and is affected by so many crcum-
stances and conditions which may. at first
blush, seem foreign that It Is qnite impos
sihie to deal with it on purely mathematical
principles. any principles whatever, with
out q consciousness that conclusion which
may be reached can, by demonstration, be show.
be absolutely correct The public interest il
best served when the rates SO apporfioned as
10 encourage the largest practicable change o.
products between different sections OF our coun-
try and with foreign countries; and this
4pfu ha hxv sails